Citation Nr: 0723100
Decision Date: 07/27/07 Archive Date: 08/06/07
DOCKET NO. 05-40 569 ) DATE
)
)
On appeal from the
Department of Veterans Affairs Regional Office in St.
Petersburg, Florida
THE ISSUE
Entitlement to service connection for a low back disability,
to include as secondary to service-connected left ankle and
right great toe disabilities.
REPRESENTATION
Appellant represented by: Disabled American Veterans
WITNESS AT HEARING ON APPEAL
Appellant
ATTORNEY FOR THE BOARD
J. Barone, Counsel
INTRODUCTION
The veteran had active service from June 1973 to February
1982.
This matter comes before the Board of Veterans' Appeals
(Board) from a rating decision of the Department of Veterans
Affairs (VA) Regional Office in St. Petersburg, Florida.
The veteran testified before the undersigned Veterans Law
Judge at the RO in April 2007. A transcript of his hearing
has been associated with the record.
The appeal is REMANDED to the RO via the Appeals Management
Center (AMC), in Washington, DC. VA will notify the
appellant if further action is required.
REMAND
The veteran seeks service connection for a low back
disability. He maintains that he injured his back when his
left ankle gave out and he fell down an incline. The Board
observes that the veteran is currently in receipt of service
connected benefits for a left ankle disability and a
disability of the right great toe. The veteran's April 2007
testimony pertaining to a fall is consistent with a June 1999
medical record from Shands Hospital, which reflects his
report of falling down a hill on the University of Florida
Campus, where he worked. A VA examiner opined in October
2005 that the veteran's back problems were due to the 1999 on
the job injury, but did not provide an opinion regarding
whether the fall which caused the injury was due to the
veteran's service connected left ankle and right toe
disabilities. An additional examination is necessary to
address this question.
The Board also notes that at his April 2007 hearing, the
veteran reported that he was in receipt of Social Security
Administration (SSA) disability benefits. The basis for such
benefits is unclear. As records supportive of the veteran's
claims might be in the possession of SSA, the RO should
obtain any records pertaining to the veteran's receipt of SSA
disability benefits, to include the medical records on which
the SSA's disability determination was made.
The veteran is notified that if he has any evidence
pertaining to his claims which was not previously submitted
to VA, he should submit such evidence.
Accordingly, the case is REMANDED for the following actions:
1. The AOJ should obtain a copy of the
SSA's decision awarding the veteran
disability benefits and copies of the
records on which SSA based the initial
award of benefits. Any subsequent
disability determinations, as well as the
records upon which those determinations
were made, should also be requested.
2. Upon completion of the above
development, the veteran should be
scheduled for a VA examination to
determine the nature and likely etiology
of his claimed low back disability. Upon
examination and review of the entire
claims folder, the examiner should
provide an opinion regarding whether it
is more likely than not (i.e.,
probability greater than 50 percent), at
least as likely as not (i.e., probability
of 50 percent), or less likely than not
(i.e., probability less than 50 percent)
that any such disability is related to
the work injury sustained by the veteran
in June 1999.
If so, the examiner should also provide
an opinion regarding whether it is more
likely than not (i.e., probability
greater than 50 percent), at least as
likely as not (i.e., probability of 50
percent), or less likely than not (i.e.,
probability less than 50 percent) that
the fall which caused the June 1999
injury was caused by the veteran's
service-connected left ankle or right
great toe disability.
A discussion of the complete rationale
for all opinions expressed should be
included in the examination report.
If upon completion of the above action the claim remains
denied, the case should be returned after compliance with
appellate procedure.
The appellant has the right to submit additional evidence and
argument on the matter or matters the Board has remanded.
Kutscherousky v. West, 12 Vet. App. 369 (1999).
This claim must be afforded expeditious treatment. The law
requires that all claims that are remanded by the Board of
Veterans' Appeals or by the United States Court of Appeals
for Veterans Claims for additional development or other
appropriate action must be handled in an expeditious manner.
See 38 U.S.C.A. §§ 5109B, 7112 (West Supp. 2006).
_________________________________________________
H. N. SCHWARTZ
Veterans Law Judge, Board of Veterans' Appeals
Under 38 U.S.C.A. § 7252 (West 2002), only a decision of the
Board of Veterans' Appeals is appealable to the United States
Court of Appeals for Veterans Claims. This remand is in the
nature of a preliminary order and does not constitute a
decision of the Board on the merits of your appeal.
38 C.F.R. § 20.1100(b) (2006).